The Rotunda plays host to panels, speakers and awards on perfect fall day

by Bill Atkinson

The Virginia Coalition for Open Government held its fifth annual conference on access issues Nov. 15 at the historic Rotunda on the grounds of the University of Virginia. More than 20 panelists and speakers discussed FOIA's 35th anniversary; the tensions often present when an access advocate assumes a role on an elected governmental body; the Fredericksburg e-mail case; the Critical Infrastructure Protection Program at George Mason University; and online access to court records. Nationally known political commentator Larry Sabato was the keynote speaker, and awards were presented to citizens and journalists who have demonstrated the value of access to governmental records and meetings.

The following round-up is courtesy of Bill Atkinson, the publications editor for the Virginia Press Association.

Online access to personal information still vexes
In the eyes of one state lawmaker, the issue of personal information being available online goes beyond Social Security numbers being part of electronic land records.

Divorce cases contain far more personal information than land records, said Del. Samuel A. Nixon Jr., R-Chesterfield.

"We have just a small percentage of clerks posting on the Internet," Nixon said. "It's efficient for land records. But there's no way to know if there is harm to be done."

But divorce records, which are considered public records in Virginia, have far more personal information that is "just not anyone's business," he added.

Nixon was one of several panelists addressing electronic court records at Access 2003, the annual conference of the Virginia Coalition for Open Government. The daylong conference was held Nov. 14 at The Rotunda on the campus of the University of Virginia in Charlottesville.

Electronic records and the access to them have been an issue the General Assembly has been wrangling with for several years. The legislature approved a study subcommittee in 2002 to look at the issue. This panel, of which Nixon is a member, has met several times but has yet to come up with an answer acceptable to everyone.

Nixon sponsored legislation in 2003 that, once amended, limits electronic access to land records only to paid subscribers. Documents containing sensitive personal information could not be put online in unrestricted Web pages by court clerks, according to the bill, which was enacted in July.

Even though online access to the records is somewhat restricted, the "paper records" at the courthouse are open to anyone who wants to go down to the courthouse and see them. (So is the electronic database, if there is one.)

Chris Hoofnagle, associate director of the Electronic Privacy Information Center, said paper and electronic records should be treated the same way.

"When you cut off electronic access, you cut off access for the common people," he said.

Deborah Aylward, a private investigator, said there has to be some kind of ID factor in these records. "Otherwise, you'd have 1,500 Jack Joneses, and we wouldn't know who's who," she said.

Gary Clemens, clerk of the Loudoun Circuit Court, said only a small percentage of identity theft comes from access to court records. The large majority, he said, comes from access to credit-card records — something over which clerks do not have control.

Virginia politics has "culture of noncompetition"
In looking at political campaign reform, one needs to steer away from trying to rein in political spending and do more to make government operate in the sunshine, said Dr. Larry J. Sabato, political science professor at the University of Virginia.

"The only thing that does work in democracy is disclosure, not campaign finance reform," said Sabato, Access 2003's keynote speaker. Citizens should make their lawmakers accessible and accountable for all public actions.

Increased disclosure may also bring Virginia out of what Sabato said is a "culture of noncompetition" in state elections. He called the November state legislature elections, in which more than two-thirds of the eventual winners were decided in earlier primaries, "a big bore."

"It was one of the most uncontested elections in Virginia and in national history," Sabato said. "And that is disgraceful."

He said Virginia has fallen into a pattern of letting elected officials make decisions on issues with very little input from their constituents. He attributed that to the state's "blueblood" history, where the uppercrust controlled the government.

Sabato called for more citizen involvment in redistricting matters. He said the Republicans, who drew the lines for the 2003 elections, did nothing differently from the Democrats, who drew the lines 10 years earlier in the hopes the new lines would favor their party.

"People should take precedence over politicians," Sabato said.

"Information candidate" recalls ruffled feathers
Other topics of discussion at Access 2003 included a discussion of how the state's Freedom of Information Act has changed in its 35 years on the books, a discussion on how an e-mail case in Fredericksburg may affect the way e-mails are viewed in the public domain, and putting access advocates on public boards.

One of the more interesting presentations came during the access advocate discussion. Gary Grant, a former Charlottesville area reporter, won election to the Albemarle School Board four years ago as "the information candidate."

Grant, who is stepping down from the board, said he was amazed at all the feathers he ruffled merely by putting public information out for public consumption.

For example, he used to send e-mails to his constituents after every meeting detailing everything that was discussed in public, including personnel shifts. He also would attach memos from the superintendent spelling out policies and announcing staff changes.

"Openness disturbs the government," he said. "It seldom disturbs those who are governed."